IN RE ROTHERY

BAP Nos. CC-95-2191-VHMo, CC-96-1309-VHMo. Bankruptcy No. SA92-17019 LR. Adv. No. SA93-01327 LR.

200 B.R. 644 (1996)

In re Alan Ross ROTHERY, Debtor. Ceresa ROTHERY, George W. Rothery and Carol Rothery, Appellants, v. Richard A. MARSHACK, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 28, 1996.


Attorney(s) appearing for the Case

Michael Leight, Jeffrey Cunningham, Seal Beach, CA, for Appellants.

Sidney Lanier, Torrance, CA, for Appellees.

Before: VOLINN, HAGAN and MONTALI, Bankruptcy Judges.


OPINION

VOLINN, Bankruptcy Judge:

The trustee in a Chapter 7 bankruptcy sought to avoid as fraudulent a debtor's transfer of a deed of trust to his parents and a grant deed to his wife. Following entry of summary judgment in his favor, the trustee sought attorney's fees from the fraudulent transferees. The bankruptcy court concluded that the fraudulent transfer action was akin to a contract rescission claim; because there was an attorney's fee provision...

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